Research On The Linkage Between The Implementation Of National Supervision Law And Criminal Procedure Law

On March 20,2018,the First Session of the Thirteenth National People’s Congress voted and passed the Supervision Law of the People’s Republic of China(hereinafter referred to as the Supervision Law),which specifically described the legal status of the Supervision Committee.The development of the supervision work provided a clear legal basis,and at the same time marked that China’s anti-corruption rule of law system has entered a new historical stage.In order to meet the needs of the reform of the national inspection system,on October 26,2018,the Sixth Session of the 13 th National People’s Congress Standing Committee voted to pass the "Decision on Amending the Criminal Procedure Law"(hereinafter referred to as the Criminal Procedure Law),The most important part of the newly revised criminal procedure law is the connection between the supervision law and the implementation of the criminal procedure law.Understanding of this issue,we should affirm the progressive significance of the content of the convergence between the two laws in terms of timeliness,practicability,and guidance in the future amendment of laws.But at the same time,a series of problems arising from the convergence of the two methods cannot be ignored.The establishment of a supervisory committee is not only a new institution,but also a new procedure.The supervisory law provides that the criminal investigation procedure of the supervisory committee is a special procedure.This procedure applies the provisions of the Supervision Law,while the provisions of the Criminal Procedure Law are no longer used.Under such circumstances,the relationship between the Supervisory Committee,the Procuratorate and the courts and how to connect them to achieve the connection between the judicial function,the legal supervision function and the judicial function is a new issue that needs to be resolved quickly.This article first introduces the full text of the problems arising from the implementation of the connection between the Supervision Law and the Criminal Procedure Law,using cases to explain the necessity and urgency of strengthening the study of the convergence between the two laws.In addition to the introduction,this article consists of four parts:The first part is the definition of the convergence between the supervision law and the criminal procedure law.First,it explains the prominent features of thesupervision law and the criminal procedure law.Secondly,it introduces the value function of the supervision law and the criminal procedure law.Through the foregoing two aspects,it concludes the supervision.The significance of the connection between the law and the criminal procedure law;the second part discusses the nature of the power of state supervision and judicial power.First,it analyzes the nature of the power of state supervision,mainly from the concept,characteristics of the power of supervision and the operation of the right.It is described from the angle of view.Secondly,it analyzes the attributes of judicial power,mainly from three perspectives:the concept,characteristics of judicial power and the importance of the right in the implementation.The third part is the status quo of the implementation of the supervision law and criminal procedure law.First,Affirmed the innovative design of the system between the implementation of the Supervision Law and the Criminal Procedure Law,including the jurisdiction and filing of supervision cases and criminal cases,as well as supervision investigation and criminal investigation.Secondly,the status quo analysis of the connection between the Supervision Law and the Criminal Procedure Law Defects;the fourth part is the title of the supervision law and criminal procedure law analyzed in the third part Flawed,status quo,will be transferred to the prosecution proposed to monitor cases into the criminal case procedures,optimization measures and monitor the retention of criminal compulsory measures of convergence,optimize coercive measures during prosecution supplementary investigations,issue recommendations to improve supervision over the legality of evidence law.